Connick+v.+Myers

D.Boeck

SUPREME COURT OF THE UNITED STATES

**461 U.S. 138 ** Connick v. Myers CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 81-1251 Argued: November 8, 1982 --- Decided: April 20, 1983

 Background: The defendant was an assistant DA in New Orleans that was terminated for insubordination and refusal to except a transfer. The Defendant was informed that she was being transferred and objected to this move. She produced a questionnaire that she distributed to fellow employees that asked a myriad of questions pertaining to their working conditions. The DA deemed this subversive and in conjunction to the transfer, used it to terminate her employment. Decision and rationale: The lower courts found in favor of the defendant, in that she was exercising her right to free speech and that it was not threatening to the office or DA’s ability to oversee it. The Supreme Court overturned the lower court’s rulings on the basis that they did not interpret the context of the situation correctly. They deemed the timing to be reasonably offensive to the DA’s ability to conduct the business of the office. They also found that the reason was indeed a response to a legal order issued by the DA to the defendant in which she had an obligation to obey, therefore making her actions fall outside of free speech and become insubordination. Implications: The right to free speech is a cherished freedom that we as citizens have in this country, but it comes with a grave responsibility to not abuse that right. There are some situations in which we no longer have the right to freely express or dislike/disagreements without being in the wrong. The jobs we are given and positions we take come with certain responsibilities that forsake some part of our freedoms and we must except that these are legitimate agreements that we enter into freely. We must uphold these responsibilities to ensure that our country continues to function as it was intended to from its inception to the present. Question: Are there times when we do not have the right to free speech? True/False Connick v. Myers United States Supreme Court Argued November 8, 1982 Decided April 20, 1983

Background: One of the Assistant District Attorneys in New Orleans filed suit in the Federal District Court under __42 U.S.C. 1983__ after she was fired for refusal to accept a transfer and for insubordination. The Assistant DA, a criminal trial lawyer, opposed a transfer to argue cases in a different section of the court. After letting her feelings be known she created a questionnaire for her co-workers. The questionnaire asked employees about their views on such topics as office procedures, morale, and pressure to work on political campaigns. The DA believed she was released from her position because she exercised her right of free speech.

Decision and Rationale: The District Court, and later the Supreme Court, ruled in favor of the Assistant District Attorney. They ordered her return to her previous position along with back pay, damages, and attorney fees. The court sided with the defendant on the fact that she was fired for the questionnaire she distributed. The questions asked by the DA were “matters of public concern” and they did not interfere with the workplace.

Impact on Teaching: At a glance, this case may seem irrelevant to teaching, but in fact it helps to establish the public employee’s right to free speech. //__Pickering v. Board of Education__// defines the point at which a public employee’s free speech is relevant and necessary. In this case it was established that this point is “at a balance between the interest of the {employee}, as a citizen, in commenting upon matters of public concern and the interest of the State, as an employer, in promoting the efficiency of the public services it performs through its employees.” As a public school teacher, one should be aware of their rights to freedom of speech. <span style="font-family: 'Georgia','serif'; font-size: 12pt; line-height: 115%; margin: 0in 0in 10pt;">Quiz Question: <span style="font-family: 'Georgia','serif'; font-size: 12pt; line-height: 115%; margin: 0in 0in 10pt;">T or F: Do public school teachers have the right to send out a questionnaire regarding the views of other employees about their job satisfaction? <span style="font-family: 'Georgia','serif'; font-size: 12pt; line-height: 115%; margin: 0in 0in 10pt;">Jessica Oliver

<span style="font-family: 'Georgia','serif'; font-size: 12pt; line-height: 115%; margin: 0in 0in 10pt;"> <span style="color: black; font-family: 'Times New Roman','serif'; font-size: 12pt;">**461 U.S. 138**
 * <span style="font-family: 'Georgia','serif'; font-size: 12pt; line-height: 115%; margin: 0in 0in 10pt;">Michael Mooney **

<span style="color: black; font-family: 'Times New Roman','serif'; font-size: 12pt; line-height: 115%;">Connick v. Myers
==== <span style="color: black; font-family: 'Times New Roman','serif'; font-size: 12pt; font-variant: small-caps; line-height: 115%;">**CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT** ==== <span style="font-family: 'Times New Roman','serif';"> <span style="font-family: 'Times New Roman','serif';">**Background:** <span style="font-family: 'Times New Roman','serif';"> An Assistant District Attorney in New Orleans was asked to transfer but did not accept the position. After a dispute with the boss, the Assistant D.A. decided to create and distribute a questionnaire to the rest of the employees. This questionnaire was very specific and asked questions regarding the workplace environment as well as the feelings toward the supervisors. The Assistant D.A. was fired shortly after this incident and filed suit against her former employers that she was wrongfully terminated and was only expressing her First Amendment right to free speech. The District Court and the Court of Appeals agreed with her suit and said the respondent must be reinstated with full back pay, damages, and attorney fees paid. <span style="font-family: 'Times New Roman','serif';"> <span style="font-family: 'Times New Roman','serif';">**Decision and Rationale:** <span style="font-family: 'Times New Roman','serif';"> The decision was reversed by the Supreme Court who found that the district courts erred in the interpretation of the previous decision for //Pickering v. Board of Education,// 391 U.S. 563, 568. They said that the questionnaire did pose the risk of insubordination and undermined the authority of the supervisors in the work place. The protection of free speech is limited when it is an employee speaking about private matters that cause disruption in the workplace. The final decision made it legal and constitutionally legal to fire an employee for distribution of a questionnaire and being an act of insubordination. <span style="font-family: 'Times New Roman','serif';"> <span style="font-family: 'Times New Roman','serif';"> **Impact on Teaching:** <span style="font-family: 'Times New Roman','serif'; font-size: 12pt;"> The impact on teaching is one that should already be felt and realized by teachers and, in fact, administrators already. As teachers, we are in a public forum where we can be heard by many, even though we are only in one classroom. As a professional, we must be extremely careful about what and how we say and comment on things that happen, not only in the work place, but worldwide. Teachers need to be aware that there are rights you have but, at times, those rights are limited and subject to scrutiny and interpretation by higher powers. <span style="font-family: 'Times New Roman','serif'; font-size: 12pt;"> <span style="font-family: 'Times New Roman','serif'; font-size: 12pt;">**Question:** Is it a violation of a person’s first amendment right to free speech to be terminated by an employer for distributing a questionnaire and undermining the authority of the supervisor?